(A) (1) Words used in the present tense include the future tense.
(2) Words used in the singular number include the plural and words used in the plural number include the singular, unless the natural construction of the wording indicates otherwise.
(3) The word “person” includes a firm, association, corporation, trust and company as well as an individual.
(4) The words “used for” shall include the meaning “designed for”.
(5) The word “structure” shall include the word “building”.
(6) The word “lot” shall include the words “plot”, “parcel” or “tract”.
(7) The word “shall” is always mandatory and not merely directory.
(8) The word “conditional” shall include the word “special”.
(B) For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCESSORY USE. A use customarily incidental and subordinate to the principal use or building and located on the same lot with the principal use or building.
ALLEY. A public or private thoroughfare which affords only a secondary means of access to abutting property and not intended for general traffic circulation.
AUTO HOBBYIST. One who collects, repairs, restores or alters automobiles to which he or she holds title, for enjoyment and not for commercial purposes, as an incidental use of the premises on which he or she resides. No open storage of automobiles or parts is allowed. All vehicles must be garaged or screened from adjacent property. No more than 15% of the property may be used for the auto hobby; provided that, the front yard may not be used. All requirements of § 156.060 must be met.
BASEMENT. A portion of a building constructed wholly or partly below ground level. The part of the basement extending above the ground level of the lot shall be considered as part of the building height.
BILLBOARD. Outdoor structure or display, pictorial or otherwise, either freestanding or attached to a building, which advertises or attracts attention to a business, commodity, service or other activity conducted, sold or offered elsewhere than on the premises on which the sign is located.
BREWERY/DISTILLERY. A manufacturing operation engaged in the production of malt and distilled beverages, which has all operations contained within a fully enclosed building, and is not classified in these definitions as a microbrewery or a brewpub.
BREWPUB. A restaurant which includes a manufacturing operation engaged in the production of malt, distilled beverages, and wine, with an annual production less than 15,000 US beer barrels (1,800,000 L). A BREWPUB may include areas for demonstration, tasting, and other uses permitted in the district in accordance with state and local laws.
BUFFER STRIP. A planted strip at least ten feet in width, composed of deciduous or evergreen trees or a mixture of each, spaced not more than 15 feet apart and not less than one row of dense shrubs spaced not more than five feet apart and five feet in height after one growing season. In some instances, a fence may be required by the Planning Board. Fence specifications shall be determined by the Planning Board.
BUILDING. Any structure enclosed and isolated by exterior walls or columns constructed or used for residence, business, industry or other public or private purposes, or accessory thereto. The term BUILDING shall be construed as if followed by the words “or parts thereof”.
BUILDING ACCESSORY. A building subordinate to the main building on a lot and used for purposes customarily incidental to the main or principal building and located on the same lot therewith.
BUILDING, HEIGHT OF. The vertical distance measured from the lowest grade at the structure to the highest point of the coping of a flat roof; to the deck line of a mansard roof; or to the mean height level between the eaves and ridge of a gable, hip or gambrel roof.
BUILDING, PRINCIPAL. A building in which is conducted the principal use of the lot on which the building is situated.
BUILDING SETBACK LINE. A line establishing the minimum allowable distance between the nearest portion of any building, excluding up to three feet of any uncovered porches, steps, eaves, gutters and similar fixtures, and the street right-of-way line when measured perpendicularly thereto.
COMMUNITY CENTER. A detached accessory structure expressly used for non-profit, non-commercial leisure time activities and meetings. The structure shall be specifically for residents of the neighborhood in which it is located and shall conform to all regulations of the district.
CUSTOMARY HOME OCCUPATION. Any use conducted for gain entirely within the dwelling and carried on by the occupants thereof, which use is clearly incidental and secondary to the use of the dwelling for residential purposes and does not change the character thereof, and in connection with which there is no display of materials for sale on the premises. No mechanical equipment shall be installed or used, except such as is normally used for domestic or professional purposes; and not over 25% of the total floor space shall be used for home occupations.
DENSITY. The number of families residing on or the number of dwelling units located on an acre of land, which land area excludes all but the land devoted to living facilities, the accessory uses thereon and the required open space thereon.
DISTRICT, ZONING. Any section of the town or its extraterritorial jurisdiction in which zoning regulations are uniform.
DWELLING, MULTI-FAMILY. A building or portion thereof used or designed as a residence for three or more families living independently of each other, including apartment houses, apartment hotels and group housing projects.
DWELLING UNIT. A building or portion thereof, providing complete and permanent living facilities for one family. The term DWELLING shall not be deemed to include a motel, hotel, tourist home, mobile home or other structure designed for transient residence.
DWELLING, SINGLE-FAMILY DETACHED. A building arranged or designed to be occupied by one family located on an individual lot.
DWELLING, SINGLE-FAMILY ATTACHED. A building arranged or designed to be owned and occupied by one family and joined at one or more common side walls with other similar units, including row houses or cluster homes.
DWELLING, TWO-FAMILY. A building arranged or designed to be occupied by two families living independently of each other.
ELECTRONIC GAMING OPERATIONS. Any business enterprise, whether as a principal or accessory use, where persons utilize electronic machines, including but not limited to computer and gaming terminals, to conduct games of chance, including sweepstakes, and where cash, merchandise or other items of value are redeemed or otherwise distributed, whether or not the value of such distribution is determined by electronic games played or by predetermined odds. Electronic gaming operations may include, but are not limited to, internet cafes, internet sweepstakes, electronic gaming machines/ operations, or cybercafes. This does not include any lottery approved by the state or any nonprofit operation that is otherwise lawful under state law (for example, church or civic organization fund raisers).
FAMILY. One or more persons related by blood, marriage or adoption, living together as a single non-profit housekeeping unit, including servants or foster children; provided that, a group of more than three persons who are not so related shall not be deemed to constitute a family.
FAMILY CARE HOME. A dwelling licensed by the State Department of Human Resources, Division of Facility Services, for two and not more than six adults or children, who, because of a temporary or chronic physical or mental disability, need a substitute home and who are not related by blood or marriage to the owner or lessee when a charge is made for their care; provided that, persons within any of the following categories shall not be eligible for admission to a family care home:
(a) Persons suffering from acute mental illness;
(b) Persons addicted to narcotics or alcohol;
(c) Persons with contagious or infectious diseases;
(d) Persons requiring maternity care;
(e) Persons requiring professional nursing care under continuous medical supervision;
(f) Transients; and
(g) Criminal offenders.
FARM. Any parcel of land containing at least three acres which is used in the raising of agriculture, dairy or forest products, livestock, poultry or fur bearing animals.
GROSS FLOOR AREA. The total area of all buildings in the project including basements, mezzanines and upper floors, exclusive of stairways and elevator shafts. It excludes separate service facilities outside the main building such as boiler rooms and maintenance shops.
GROUP PROJECT. A group of two or more principal structures built on a single lot, tract or parcel of land not subdivided into the customary streets and lots and which will not be so subdivided; and designed for occupancy by separate families, businesses or other enterprises. Examples would be cluster type subdivisions, row houses, apartment courts, housing projects, school and hospital campuses, shopping centers and industrial parks.
LIVESTOCK. Cattle, horses, mules, burros, sheep, swine, llamas and goats, regardless of use, and any animals, except dogs and cats, that are used for working purposes on a farm or ranch and any other animal designated by the State Agricultural Commissioner, which animal is raised for food, fiber, or commercial production.
LIVESTOCK ANIMAL VETERINARY CLINIC/HOSPITAL. Any facility used for the diagnosis, treatment and/or hospitalization of livestock.
LOT. A parcel of land occupied or capable of being occupied by a building or group of buildings devoted to a common use, together with the customary accessory buildings and open spaces belonging to the same.
LOT, CORNER. A lot fronting on two or more streets at their intersection. The street line forming the least frontage shall be deemed the front of the lot, except where the two street lines are equal, in which case the owner shall be required to specify which is the front when requesting a zoning permit.
LOT, DEPTH. The mean horizontal distance between the front and rear lot lines.
LOT OF RECORD. A lot which is part of a subdivision, a plat of which has been recorded in the office of the Register of Deeds, or a lot described by metes and bounds, the description of which has been so recorded on or before the effective date of this chapter.
LOT WIDTH. The distance between side lot lines measured at the building setback line.
MICROBREWERY. A manufacturing operation engaged in the production of malt and distilled beverages, with an annual production less than 15,000 US beer barrels (1,800,000 L). A MICROBREWERY may include areas for demonstration, tasting, and other uses permitted in the district in accordance with state and local laws.
MOBILE HOME. A portable, manufactured housing unit designed for transportation on its own chassis and placement on a temporary, semi-permanent or permanent foundation and including structural additions to the unit, including double wide mobile homes which are two or more portable manufacturing housing units designed for transportation on their own chassis. The units constructed according to the Uniform Standards Code for Mobile Homes Act, being G.S. §§ 143-144 et seq. shall be defined as MOBILE HOMES. In addition, “on frame” modular homes whose characteristics are those of a mobile home will be defined as MOBILE HOMES. These definitions do not include camping type trailers that are parked and unoccupied or other vehicles primarily designed for the transportation of goods.
MOBILE HOME PARK. Any place or tract of land maintained, offered or used for the parking of two or more mobile homes or trailer houses used or intended to be used for living or sleeping purposes, not including mobile home sales lots.
MODULAR HOME. A factory fabricated transportable building designed and built at a point other than the building site and transported to the building site by means other than its own chassis. The term modular is intended to apply to major assemblies, not including prefabricated panels, trusses, plumbing trees and other pre-manufactured sub-elements, which are to be incorporated into a structure at the site. In addition to other requirements of this definition, MODULAR UNITS must meet all structural, electrical, mechanical, plumbing, heating and other provisions of the State Building Code or amendments and additionally the characteristics of the structure will conform to the characteristics of the conventional site-built home.
NONCONFORMING USE. Any use of a building or land which does not conform to the use regulations of this chapter for the district in which it is located, either at the effective date of this chapter or as a result of subsequent amendments which may be incorporated into this chapter.
OPEN STORAGE. Unroofed storage area, whether fenced or not.
PARKING SPACE. A storage space of not less than nine feet by 18 feet for one automobile, plus the necessary access space. It shall always be located outside the dedicated street right-of-way.
PET ANIMAL. Dogs, cats, rabbits, guinea pigs, hamsters, mice, ferrets, birds, fish, reptiles, amphibians, pygmy goats, pot belly pigs, chickens, and invertebrates or any other species of wild or domestic or hybrid animal, except livestock, sold, transferred or retained for the purposes of being kept as a household pet.
PET ANIMAL VETERINARY CLINIC/HOSPITAL. Any facility used for the purpose of giving licensed medical treatment to pet animals and any other customarily incidental treatment of the animals, such as grooming, boarding, or selling of pet supplies, provided the facility does not include outdoor kennels.
PLANNED DEVELOPMENT. A planned development is a conditional use incorporating a single type or a variety of residential and related uses which are planned and developed as a unit. Such development may consist of individual lots or common building sites. Open space must be an element of the plan related to affecting the long-term value of the entire development.
SEASONAL AGRICULTURAL WORKER DEVELOPMENT. A residential use of property for the purpose of seasonally housing workers hired to provide assistance in agricultural operations.
SETBACK. The distance or lot area needed to meet the area, lot, front, side or rear yard requirements of this chapter, measured from the perimeter property line or street right-of-way, whichever is the most restrictive.
SEWERAGE SYSTEM, INDIVIDUAL. A septic tank arrangement of sewage disposal. INDIVIDUAL SEWAGE DISPOSAL SYSTEMS must be installed and maintained in accordance with the State Board of Health Rules and Regulations Governing the Disposal of Sewage from any Residence, Place of Business, or Place of Public Assembly in North Carolina, and regulations of the County Board of Health. State Board of Health Bulletin No. 519, Residential Sewage Disposal Plants, contains helpful information.
SEWERAGE SYSTEM, PUBLIC. A system serving two or more connections. Plans for public and community sewer systems must be approved by the Office of Water and Air Resources, State Department of Natural Resources and Community Development.
SIGN AREA. Measured by the smallest square, rectangle, triangle, circle or combination thereof, which will encompass the entire advertising copy area, excluding architectural trim and structural members. In computing area, only one side of a double-faced sign shall be considered.
SIGNS, ANNOUNCEMENT or SIGNS, BUSINESS. Any outdoor notice containing words, letters, figures, numerals, emblems, devices, trademarks or trade names or combinations thereof, by which anything is made known such as the designation of a firm, corporation, profession, business, commodity or product located or available on the premises.
STABLE. An accessory building designed for horses or other domestic livestock.
STREET or ROAD. A dedicated and accepted public right-of-way for vehicular traffic which affords the principal means of access to abutting properties.
STRUCTURE. Anything constructed or erected, the use of which requires more or less permanent location on the ground or which is attached to something having more or less permanent location on the ground.
TOURIST HOME or GUEST HOME. Any dwelling occupied by the owner in which rooms are rented for guests or travelers for compensation.
WATER SYSTEM, INDIVIDUAL. A drilled well which serves a single connection. INDIVIDUAL WATER SUPPLY SYSTEMS should be located, constructed and operated in accordance with State Board of Health Bulletin No. 476, Protection of Private Water Supplies.
WATER SYSTEM, PUBLIC. Water supply systems serving 15 or more connections are classified as a public water supply by state law. Plans and specifications must be approved by the Sanitary Engineering Division, State Board of Health, State Department of Human Resources.
WATER SYSTEM, SEMIPUBLIC. Water supply systems serving from two to 14 connections, inclusive. This system may be regulated by the County Board of Health and plans should be approved by the Appalachian District Health Department.
YARD. An open space on the same lot with a principal building, unoccupied and unobstructed from the ground upwards.
YARD, FRONT. An open space on the same lot with a principal building, between the front line of the building (exclusive of steps) and the front property or street right-of-way line and extending across the full width of the lot.
YARD, REAR. An open, unoccupied space extending the full width of the lot and situated between the rear line of the lot and the rear line of the building projected to the side lines of the lot.
YARD, SIDE. An open, unoccupied space situated between the side line of the building and the adjacent side line of the lot and extending from the rear line of the front yard to the front line of the rear yard.
(Ord. passed 9-10-1984; Ord. passed 12-7-1999; Ord. passed - -; Ord. passed 4-4-2017; Ord. passed 5-2- 2017; Ord. passed 11-7-2017; Ord. passed 8-27-2019)